BAY CITY, MI — A 75-year-old man police said pointed a pellet gun at a couple as they looked at a home for sale is no longer facing criminal charges.

At prosecutors' request, Bay County District Judge Mark E. Janer on Thursday, June 5, dismissed two counts of assault with a dangerous weapon against Artur Buss. The charge is a four-year felony.

The Times was unable to reach Bay County Prosecutor Kurt C. Asbury for comment on what prompted the dismissal.

The charges originated from an incident that occurred Thursday, May 13, when police responded to the parking lot of the Texan Family Restaurant at 101 N. Euclid Ave. to meet with a couple who called to file an assault complaint. The couple, Jonathan and Jennifer Turmell, told police they were looking at a house for sale in the 3100 block of East Midland Road in Bangor Township when they saw an elderly man in his back yard about 80 yards away, pointing a rifle at them, court records show.

The Turmells drove away and said the man was flashing his middle finger at them, court records show. Jennifer Turmell said she was afraid and thought the man was going to fire at them.

Police went to the home the Turmells described, also in the 3100 block of East Midland Road, and spoke with Buss, the resident. Buss denied pointing a gun at anyone, but said he did have a pellet gun, court records show.

Police had the Turmells come to the site and they identified Buss as the man who aimed the gun at them.